Immigration Issues/h1 extension

Advertisement

Expert: Ramasamy Krishnan - 2/14/2008

QuestionQUESTION: Dear sir,
Need your advise and suggestion on h1 extension. My husband has his h1 valid till apr 14th 2008. we are living in Dubai and we havent utilised the h1 till now for some personal reasons of not being able to travel. NOw he got an opportunity from a consultant to workk there using this h1. If he gets the opportunity he can travel to US and land there max by march 2008. I would like to know if there will be any problem at the port of entry if he enters US in march 2008, as the visa expires the next month (april 2008). His employer is ready to extend his h1. In that case, how long will it take for the entension. But would it require that he shud have stayed in US for sometime? Does the law allow his VISA to be extended in this case? Will there be any problem at the port of entry?
Please respond! we have very little time to decide on taking this opportunity. So please help us understand the law better in my husbands case of H1 extension

ANSWER: Sukam,
Is the consultant the same employer who petitioned for your husband's H-1B. Only if this is the case can he enter the US on the H-1B. Though there is no requirement to stay in the US prior to entry, but under the circumstances that the H is going to expire in couple of months, it surely will raise questions at the Port of entry. I would bring along extensive documentation to show that there is a bona fide job offer. The H can be extended in the US.

A word of caution, I would be doubly careful dealing with consultants. The best way allround is for the employer to apply for a new H visa and enter.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

---------- FOLLOW-UP ----------

QUESTION: Thanks a lot for your reply. By all luck, if my husband enters US without any problem at the port of entry, then when it comes to extension, I have couple of questions.
1. Once he gets the I97 stamped at the port of entry in his passport, can he continue to work beyond the date mentioned in I97?
2. Does he require paystubs to process his h1 extension?
3. Can h4 (me and my kid) enter US while my husbands h1 entension is pending? OR shoudl they enter along with him?
4. Inshort, will there be any problem when it comes to h1 extension?

AnswerSukam,
1) It is I-94 and not I-97. He can work beyond the date on his I-94 by filing for an extension.
2) YES
3) You can enter only after approvalof the extension or with him
4) I have answered this question in my previous email.

Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com